Mirath - The Laws of Islamic Inheritance

Affected Heirs
Allotments Changed To
Mother
Consanguine Sister
Uterine Sister
1/6
Why does the female get only half of what her male counterpart
gets?
In many instances the words, “The female will get one part and the
male will get two parts” accompany the instances when some female
heirs become residuary. Some may have also noticed that very often
the female gets only half the amount of her male counterpart, e.g. a
wife’s prevailing share is a quarter compared to a husband’s prevailing
allotment of a half. This to many would seem very unfair.
Firstly, one must note that historically, the world over, inheritance
would never go to a female if even a distant male relative was present.
Even now, in many “modern” countries the estate will go exclusively to
the first born male descendant of the deceased. Isl\m was the first to
instate the rights of women in inheritance. This, unreservedly, does not
answer the accusation, but as a preliminary is mentioned.
Regarding Isl\m, as well as any other state or systematic law, one may
not always understand the reason why a decree was given, if one does
47
1/6 (If two or more siblings)
Residuary - even if there is a
daughter or granddaughter
F\{imah _________________________________________________________
Consanguine Brother
Residue
Mother
1/6
F\{imah _________________________________________________________
Consanguine Brother Consanguine Sister
Shared Residue
2 1